§ 4-26. When warden or officer may take charge of animals; notice and hearing to determine whether owner is fit person to care for animal; disposition of animal; disposition of proceeds upon sale.

(a)

Any animal warden, deputy animal warden or law-enforcement officer may lawfully seize and impound in the animal shelter any animal that has been abandoned, neglected, or cruelly treated or is suffering from an apparent violation of this chapter or state law that has rendered the animal in such a condition as to constitute a direct and immediate threat to its life, safety or health that the owner has failed or refused to remedy. Upon the animal's seizure or impoundment, the warden or officer shall petition the general district court for a hearing, which shall be set a maximum of ten business days from the date of the animal's seizure, to determine whether the animal has been abandoned, cruelly treated or has not been provided adequate care. The procedure for trial and appeal shall be the same as for misdemeanors. Trial by jury shall be as provided in Code of Virginia, § 19.2-260 et seq., and the commonwealth shall be required to prove its case beyond a reasonable doubt.

(b)

The animal warden, deputy animal warden or law-enforcement officer shall serve upon the owner, if known and residing within the county, written notice of the time and place of the hearing at least five days prior to the hearing. If the owner is known but residing out of the county, written notice by any method or service of process as is provided by the Code of Virginia shall be given. If the owner is not known, the warden or officer shall publish in a newspaper of general circulation within the county notice of the hearing at least one time prior to the hearing and shall further cause notice of the hearing to be posted at least five days prior to the hearing at the place provided for public notices at the county courthouse.

(c)

The animal warden, deputy animal warden or law-enforcement officer shall provide for such animal until the court has concluded the hearing. If the court determines that the animal has been neither abandoned, cruelly treated, nor deprived of adequate care, the animal shall be returned to its owner. If the court determines that the animal has been abandoned, cruelly treated, or deprived of adequate care, then the court shall order that the animal be: (i) sold by the local governing body; (ii) humanely destroyed, or disposed of by sale or gift to a federal agency, state supported institution, agency of the commonwealth, agency of another state, or a licensed federal dealer having its principal place of business located within the commonwealth; (iii) delivered to any local humane society or shelter, or to any person who is a resident of the county or an adjacent county or city in the commonwealth and who will pay the required license and adoption fee, if any, on such animal; or (iv) delivered to the person with right of property in the animal as provided in subsection (d).

(d)

In no case shall the owner be allowed to purchase, adopt, or otherwise obtain the animal if the court determines that the animal has been abandoned, cruelly treated, or deprived of adequate care; however, the court shall direct that the animal be delivered to the person with a right of property in the animal, upon his request, if the court finds that the abandonment, cruel treatment, or deprivation of adequate care is not attributable to the actions or inactions of such person.

(e)

The court shall order the owner of any animal determined to have been abandoned, cruelly treated, or deprived of adequate care to pay all reasonable expenses incurred in caring and providing for the animal to the provider of such care from the time the animal is seized until the time that the animal is disposed of in accordance with the provisions of this section.

(f)

The court may prohibit the possession or ownership of other companion animals by the owner of any companion animal found to have been abandoned, cruelly treated, or deprived of adequate care. In making a determination to prohibit the possession or ownership of companion animals, the court may take into consideration the owner's past record of convictions under this chapter or other laws prohibiting cruelty to animals or pertaining to the care or treatment of animals and the owner's mental and physical condition.

(g)

If the court finds that an agricultural animal has been abandoned or cruelly treated, the court may prohibit the possession or ownership of any other agricultural animal by the owner of the agricultural animal if the owner has exhibited a pattern of abandoning or cruelly treating agricultural animals as evidenced by previous convictions of violating Code of Virginia, § 3.1-796.73, or Code of Virginia, § 3.1-796.122. In making a determination to prohibit the possession or ownership of agricultural animals, the court may take into consideration the owner's mental and physical condition.

(h)

Any person who is prohibited from owning or possessing animals pursuant to subsection (f) or (g) may petition the court to repeal the prohibition after two years have elapsed from the date of entry of the court's order. The court may, in its discretion, repeal the prohibition if the person can prove to the court's satisfaction that the cause for the prohibition has ceased to exist.

(i)

When a sale occurs, the proceeds shall first be applied to the costs of the sale then next to the unreimbursed expenses for the care and provision of the animal, and the remaining proceeds, if any, shall be paid over to the owner of the animal. If the owner of the animal cannot be found, the proceeds remaining shall be paid into the literary fund of the state treasury.

(j)

Nothing in this section shall be construed to prohibit the destruction of a critically injured or ill animal for humane purposes by the impounding law-enforcement officer, animal warden, or licensed veterinarian.

(k)

The provisions of this section which address whether an animal has been provided with or deprived of adequate care shall apply only with respect to companion animals.

(Code 1978, § 15.1-18)

State Law reference— Impoundment and disposition of certain animals, Code of Virginia, §§ 3.1-796.108, 3.1-796.115.

(Code 1978, § 15.1-18)

State law reference

Impoundment and disposition of certain animals, Code of Virginia, §§ 3.1-796.108, 3.1-796.115.